Van Alen v. Rogers
New York Supreme Court
This was an action of trespass, brought for the recovery ' of the mesne profits of a lot of land, with a store-house and ■other buildings thereon, situate in the county of Columbia. • The cause was tried before Mr. Justice Lewis, at a circuit held in the county of Columbia, on the 30th October, 1799. The plea, was not guilty, with a notice subjoined to .the folló wing, effect; “that in support of the plea, the défendant, upon the trial, would give .in evidence that the…
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This was an action of trespass, brought for the recovery ' of the mesne profits of a lot of land, with a store-house and ■other buildings thereon, situate in the county of Columbia. • The cause was tried before Mr. Justice Lewis, at a circuit held in the county of Columbia, on the 30th October, 1799. The plea, was not guilty, with a notice subjoined to .the folló wing, effect; “that in support of the plea, the défendant, upon the trial, would give .in evidence that the plaintiff derived title to the premises from one Lowrens:Van Alen, deceased, and as a devisee under the last will-and…
1Per curiam
The first objection to the plaintiff’s recovery rests ón a matter of form, arising from the fictitious proceedings in ejectment. That action, in practice, is confined ■to the trial of the title only. The damages are nominal, and are not given in satisfaction of the mesne profits which have long been the subject-óf a distinct action.(a) They are ne*340cessary only to entitle the plaintiff to recover costs, and certainly cannot preclude him from a recovery of the mesne profits any more than the entry oí a. remit tur upon a judgment by default against the casual ejector. The latter is an express…
2Cases cited4 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Miller v. ShacklefordCourt of Appeals of Kentucky · 1835
- Coxe v. JoinerCourt of Appeals of Kentucky · 1814
- Fenn v. StilleSupreme Court of Pennsylvania · 1792
3Cited by1 opinion
- New York Ontario & Western Railway Co. v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1923